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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Butte-Silver Bow Council of Commissioners Regular Meeting – August 5, 2026

Council of Commissioners & Committees — Thursday, August 6, 2026

BodyButte Silver Bow, Montana

SessionCouncil of Commissioners & Committees

DateThursday, August 6, 2026

StatusFILED

Video Record

0:00 / 1:08:31

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

2:47

I'd like to call the Butte Silver Bowl Council of Commissioners regular meeting for Wednesday, August fifth, twenty twenty-six to order.

2:53

Clerk, could we please have roll call?

2:55

Twelve present, zero absent.

2:57

Twelve present, zero absent.

2:59

Uh Commissioner Walker, could you please lead us in the prayer and the pledge?

3:29

And to the Republic for which it's an ask.

4:00

Seeing none.

4:01

We'll move to the approval of the minutes of the July fifteenth, twenty twenty-six regular meeting.

4:07

Commissioner Morgan.

4:08

Thank you, Mr.

4:09

Chief Executive.

4:09

I do need to make a change to the july fifteenth, twenty twenty-six regular meeting minutes, just to clarify the minutes.

4:34

That motion did fail.

4:36

Even though it appears in the minutes based on the numbers that are on there, the motion did fail.

4:41

So at this time I would make a motion that we approve the july fifteenth, twenty twenty-six regular meeting minutes as amended to include those dates.

5:01

Is there anything on the question?

5:03

Could commissioners please vote?

5:11

And would anyone like to change their vote?

5:14

Clerk, please please record the vote.

5:19

Twelve 12 Yay Zero and Nay.

5:22

12 Yay, Zero and A.

5:23

Motion passes.

5:24

Next move on to items not addressed on tonight's agenda.

5:27

We do have one.

5:28

We have we have a suspension of the rules.

5:35

Commissioner Morgan.

5:37

Thank you, Mr.

5:38

Chief Executive.

5:39

In accordance with the provisions of Rule 7 of the rules of order of the Council of Commissioners of the City and County of Butte Silver Bow, the council hereby finds an emergency condition exists, which requires that the council rules be suspended to allow for communication 2026-412 to be added to the agenda.

5:59

The reason for the suspension is as follows.

6:01

Uh communication 2026-412 is a communication from Angie Mullikan Public Works uh budget manager to sign an agreement with the USDA Forest Service for the use of potable water and dumping wastewater for the Bobcat Lake fire crews.

6:18

Fire is going on now and cannot wait two weeks to get this agreement approved as the firefighters need water for their camps immediately.

6:26

Based upon the foregoing and to allow this matter to be acted upon, the council hereby finds that emergency um an emergency exists which requires a suspension of the rules.

6:37

At this time, I make a motion to approve the suspension of the rules to add communication 2026-412 to the regular meeting tonight.

6:45

Second.

6:46

We have a motion and second to approve the suspension of the rules for communication number 2026-412.

6:53

Is there anything on the question?

6:57

Could commissioners please vote.

7:05

And would anyone like to change their vote?

7:07

Clerk, please record the vote.

7:11

12 Yay Zero Nay.

7:13

12 Yay, Zero Nay.

7:14

Motion passes.

7:17

Moving on to the tonight's chief executive's report.

7:20

I've got a fairly lengthy one tonight.

7:23

Usually I don't.

7:24

But tonight I want to begin by sharing a two short videos that highlight an important collaboration effort currently underway.

7:31

These videos show the release of Silver Lake Water into Warm Springs Creek at the rate of approximately 20 million gallons per day.

7:39

This project is a joint agreement between Butte Silverbow and RDP and Trout Unlimited to support the Clark Fork River during period of historically low flows.

7:48

So we have two videos.

8:22

Each of the pumps makes about 15,000 gallons a minute.

8:26

And we're planning to pump that 20 million gallons per day into Warm Springs Creek for a total of 45 days, which will be about at least 900 million gallons by the time it's all set and then we'll go on to the second video.

9:06

Right now, it's moving about 32 CFS with about 20 million gallons a day.

9:10

And we're missing that flow here at this parshell plume downstream of Silver Lake.

9:16

So that room is five foot wide at the narrow spot.

9:33

So that just kind of shows the flows that we have coming out of uh uh out of uh Silver Lake as it goes, and we'll continue that for 45 days.

9:43

And so as he said, that's roughly 900 million gallons of water from Silver Lake to help stabilize and improve conditions in the river.

9:51

To put this in perspective for those who previously expressed concerns about the Save data center, um, and would drain Silver Lake.

10:03

That's four million gallons less than what we deliver in one day, and would represent 56 years of what SABE was asking of water.

10:13

That comparison may help clarify the scale when people are talking about that we're going to drain the water from Silver Lake for if a data center came.

Discussion Breakdown — Share of Meeting

Procedural██████████████████████████████30%

Budget Equity Analysis███████████████████19%

Water And Wastewater Management██████████████████18%

Parks and Recreation█████████9%

Technology and Innovation█████5%

Environmental Protection████4%

Public Safety████4%

Arts And Culture████4%

Zoning And Land Use███3%

Summary of Proceedings

Butte-Silver Bow Council of Commissioners Regular Meeting – August 5, 2026

The Butte-Silver Bow Council of Commissioners held a regular meeting on August 5, 2026, with all 12 commissioners present. The meeting featured a public hearing on the fiscal year 2027 budget, a chief executive's report on water releases and community initiatives, and approval of several segregated communications, including an emergency agreement for firefighter support. All votes were unanimous (12-0).

Chief Executive's Report

Chief Executive Gallagher presented videos of a joint project with RDP and Trout Unlimited releasing water from Silver Lake into Warm Springs Creek at approximately 20 million gallons per day for 45 days, totaling at least 900 million gallons, to support the Clark Fork River during historically low flows. He noted that this daily release is 4 million gallons less than what the SABE data center had requested, and would represent 56 years of SABE's water demand, contrasting criticism that a data center would drain Silver Lake.
He urged residents to sign up for soil and attic testing under the RMAP program, stating that at the current expedited rate, the county will run out of projects within two years if more homeowners do not participate. Approximately 870 projects are ready, but testing is needed to keep crews working.
Work is beginning in the corridor; residents will see fencing and activity, but minimal material will be hauled this fall. Crews will focus on finalizing haul roads and preparing for accelerated cleanup in spring.
Regarding a ballot initiative, he noted that the Yellowstone County attorney raised issues about signature handling under Montana Code. The county attorney and clerk are reviewing the matter. He also distributed a handout arguing the initiative violates Montana Code Title 76 because it changes zoning, which initiatives cannot do.
He praised the budget team for keeping expenditures in line and preventing property tax increases, noting that certified values arrived higher than expected.

Public Hearing on Fiscal Year 2027 Budget

Director Karen Hassler presented the budget. Certified value (net of TIF districts) increased 13% to $103,912,374, primarily due to reclassification of tracked land as vacant residential property, raising its tax rate from 0.76% to 1.9%. Homeowners with homes valued under $378,000 remain at the 0.76% homestead rate.
Total appropriation for tax-supported funds is $81.28 million, with property taxes of $35.652 million needed to balance. Overall appropriation across all funds is $157 million. Tax revenue increased $2.19 million over FY26; total appropriations for tax-supported funds increased due to operations, insurance, and capital expenditures (courthouse windows/roof, roads, civic center, fire department).
No increases in water, landfill, solid waste, or stormwater fees. Metro sewer fees will increase 3% per bond covenants. No increase in road maintenance district. Lighting and hydrant SIDs will depend on final charges.
Amendments totaling over $1 million added back capital projects: LEA roof ($320,000), ADA concrete patch at courthouse ($25,000), courthouse basement concrete ($18,750), second dump truck ($200,000), road improvement reinstatement ($500,000), comprehensive insurance increase ($46,886), utility vehicle at Ridgewaters pool ($10,000), and fire fund reserve for a type one engine ($300,000).
No public testimony was offered after three calls for proponents and opponents.

Consent Calendar

The consent agenda (Section 2) was approved with several segregations. Items approved as part of consent included committee reports A1-4 and communications B1-30, except those segregated. A friendly amendment corrected the spelling of Mike McLeod in communication 2026-388.

Discussion Items (Segregated Communications)

Communication 2026-393 (Homeland Security Task Force overtime reimbursement): Sheriff Lester explained the agreement covers overtime for a Butte-Silver Bow officer assigned to the Southwest Montana Drug Task Force and deputized by Homeland Security. The officer focuses on drug investigations, not ICE actions. Motion to concur and place on file passed 12-0.
Communication 2026-396 (Parks to Pass interlocal agreement): Director Burns described a $6.3 million grant connecting trails from Copper Mountain to the Greenway through five counties, with no match required. Motion to concur passed 12-0.
Communication 2026-397 (DocuSign annual maintenance): Commissioner Fisher noted similarity to another communication. Clerk and Recorder Sherman was absent; explanation given that DocuSign and cloud storage are separate. Motion to concur passed 12-0.
Communication 2026-403 (Wonderware software support): Commissioner Fisher expressed concern about a $2,615 reinstatement fee due to missing the July 31 deadline. Director Neary noted the quote was from April, and the fee was already included. The commission directed staff to ask the vendor to waive the fee. Motion to concur passed 12-0.
Communication 2026-404 (Final change order with Swank Enterprises): Commissioner Fisher criticized $633,000 in change orders on a $4.4 million contract (15%). Director Neary explained the change orders were requested by the county to improve the project, funded by ARPA, not ratepayers. Motion to concur passed 12-0.
Communication 2026-406 (Butte Symphony lease renewal): Commissioner Gerbrand discovered a mistake in the lease amount ($250 vs $275). County attorney advised against amending a material term. Motion to refer to committee of the whole for a corrected contract passed 12-0.
Communication 2026-407 (Chelsea Bailey Animal Shelter change orders): Commissioner Fisher noted change orders totaling ~$31,842 on a $197,000 contract. Commissioner O'Neill clarified the net change was $27,380. Motion to concur passed 12-0.
Communication 2026-412 (Emergency USDA Forest Service agreement for Bobcat Lake fire): Added by suspension of rules due to emergency. Provides potable water and wastewater disposal for fire crews. Commissioner Fisher clarified it is drinking water, not for firefighting. Motion to concur passed 12-0.

Other Action Items

Communication 2026-390 (Horseshoe Canyon acquisition letter of support): Forest Service Ranger Tim Leahy, landowner Rusk Noel, and Rocky Mountain Elk Foundation representative presented. The 570-acre property would be acquired using LWCF funding, opening public access for hiking, hunting, and wildlife. Access is via the Woodville exit off I-15, with a mile and a half of public right-of-way. No impact on Lady of the Rockies access. Motion to concur and place on file passed 12-0.
Resolution 2026-3-2 (Sole source purchase of Christmas decorations): Suspension of rules for final passage. Authorizes sole source purchase from Jihulio Displays for Parks and Recreation. Passed 12-0.

Key Outcomes

All 12 commissioners present; all votes were unanimous (12-0).
Public hearing on the FY27 budget held; adoption scheduled for August 19, 2026.
Several communications approved; one (lease renewal) referred back for correction.
Emergency agreement for firefighter water and wastewater support approved.
Letter of support for Horseshoe Canyon acquisition authorized.
Sole source purchase of Christmas decorations approved.

Meeting Transcript

I'd like to call the Butte Silver Bowl Council of Commissioners regular meeting for Wednesday, August fifth, twenty twenty-six to order. Clerk, could we please have roll call? Twelve present, zero absent. Twelve present, zero absent. Uh Commissioner Walker, could you please lead us in the prayer and the pledge? And to the Republic for which it's an ask. Seeing none. We'll move to the approval of the minutes of the July fifteenth, twenty twenty-six regular meeting. Commissioner Morgan. Thank you, Mr. Chief Executive. I do need to make a change to the july fifteenth, twenty twenty-six regular meeting minutes, just to clarify the minutes. That motion did fail. Even though it appears in the minutes based on the numbers that are on there, the motion did fail. So at this time I would make a motion that we approve the july fifteenth, twenty twenty-six regular meeting minutes as amended to include those dates. Is there anything on the question? Could commissioners please vote? And would anyone like to change their vote? Clerk, please please record the vote. Twelve 12 Yay Zero and Nay. 12 Yay, Zero and A. Motion passes. Next move on to items not addressed on tonight's agenda. We do have one. We have we have a suspension of the rules. Commissioner Morgan. Thank you, Mr. Chief Executive. In accordance with the provisions of Rule 7 of the rules of order of the Council of Commissioners of the City and County of Butte Silver Bow, the council hereby finds an emergency condition exists, which requires that the council rules be suspended to allow for communication 2026-412 to be added to the agenda. The reason for the suspension is as follows. Uh communication 2026-412 is a communication from Angie Mullikan Public Works uh budget manager to sign an agreement with the USDA Forest Service for the use of potable water and dumping wastewater for the Bobcat Lake fire crews. Fire is going on now and cannot wait two weeks to get this agreement approved as the firefighters need water for their camps immediately. Based upon the foregoing and to allow this matter to be acted upon, the council hereby finds that emergency um an emergency exists which requires a suspension of the rules. At this time, I make a motion to approve the suspension of the rules to add communication 2026-412 to the regular meeting tonight. Second. We have a motion and second to approve the suspension of the rules for communication number 2026-412. Is there anything on the question? Could commissioners please vote. And would anyone like to change their vote? Clerk, please record the vote. 12 Yay Zero Nay. 12 Yay, Zero Nay. Motion passes. Moving on to the tonight's chief executive's report. I've got a fairly lengthy one tonight. Usually I don't. But tonight I want to begin by sharing a two short videos that highlight an important collaboration effort currently underway. These videos show the release of Silver Lake Water into Warm Springs Creek at the rate of approximately 20 million gallons per day. This project is a joint agreement between Butte Silverbow and RDP and Trout Unlimited to support the Clark Fork River during period of historically low flows. So we have two videos.

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